Self-Regulatory Organizations; NYSE Arca, Inc.; Order Instituting Proceedings To Determine Whether To Approve or Disapprove a Proposed Rule Change To List and Trade Shares of the Grayscale Ethereum Futures Trust (ETH) ETF Under NYSE Arca Rule 8.200-E, Commentary .02 (Trust Issued Receipts), 88694-88695 [2023-28195]
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88694
Federal Register / Vol. 88, No. 245 / Friday, December 22, 2023 / Notices
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–99198; File No. SR–
NYSEARCA–2023–63]
Self-Regulatory Organizations; NYSE
Arca, Inc.; Order Instituting
Proceedings To Determine Whether To
Approve or Disapprove a Proposed
Rule Change To List and Trade Shares
of the Grayscale Ethereum Futures
Trust (ETH) ETF Under NYSE Arca
Rule 8.200–E, Commentary .02 (Trust
Issued Receipts)
December 18, 2023.
On September 19, 2023, NYSE Arca,
Inc. (‘‘NYSE Arca’’ or ‘‘Exchange’’) filed
with the Securities and Exchange
Commission (‘‘Commission’’), pursuant
to Section 19(b)(1) of the Securities
Exchange Act of 1934 (‘‘Act’’) 1 and Rule
19b–4 thereunder,2 a proposed rule
change to list and trade shares
(‘‘Shares’’) of the Grayscale Ethereum
Futures Trust (ETH) ETF (‘‘Trust’’)
under NYSE Arca Rule 8.200–E,
Commentary .02 (Trust Issued Receipts).
The proposed rule change was
published for comment in the Federal
Register on October 3, 2023.3
On November 15, 2023, pursuant to
Section 19(b)(2) of the Act,4 the
Commission designated a longer period
within which to approve the proposed
rule change, disapprove the proposed
rule change, or institute proceedings to
determine whether to disapprove the
proposed rule change.5 This order
institutes proceedings under Section
19(b)(2)(B) of the Act 6 to determine
whether to approve or disapprove the
proposed rule change.
I. Summary of the Proposal
As described in more detail in the
Notice,7 the Exchange proposes to list
and trade the Shares of the Trust under
NYSE Arca Rule 8.200–E, Commentary
.02, which governs the listing and
trading of Trust Issued Receipts on the
Exchange.
According to the Exchange, the
Chicago Mercantile Exchange, Inc.
(‘‘CME’’) currently offers two Ethereum
1 15
U.S.C. 78s(b)(1).
CFR 240.19b–4.
3 See Securities Exchange Act Release No. 98567
(Sept. 27, 2023), 88 FR 68171 (‘‘Notice’’). The
Commission has received no comments on the
proposal.
4 15 U.S.C. 78s(b)(2).
5 See Securities Exchange Act Release No. 98944,
88 FR 81171 (Nov. 21, 2023). The Commission
designated January 1, 2024, as the date by which
the Commission shall approve or disapprove, or
institute proceedings to determine whether to
disapprove, the proposed rule change.
6 15 U.S.C. 78s(b)(2)(B).
7 See Notice, supra note 3.
ddrumheller on DSK120RN23PROD with NOTICES1
2 17
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Jkt 262001
futures contracts, one contract
representing 50 Ether (‘‘ETH Contracts’’)
and another contract representing 0.10
Ether (‘‘MET Contracts’’).8 The
investment objective of the Trust is to
have the daily changes in the net asset
value (‘‘NAV’’) of the Shares reflect the
daily changes in the price of a specified
benchmark (‘‘Benchmark’’), which is the
average of the closing settlement prices
for the first to expire and second to
expire ETH Contracts listed on the
CME.9 Under normal market conditions,
the Trust will invest in the first to
expire and second to expire ETH
Contracts and MET Contracts
(collectively, ‘‘Ether Futures Contracts’’)
and in cash and cash equivalents.10 The
administrator of the Trust will calculate
the NAV once each trading day, as of
the earlier of the close of the New York
Stock Exchange or 4:00 p.m. Eastern
Standard Time.11 To determine the
value of Ether Futures Contracts, the
Trust’s administrator will use the Ether
Futures Contract settlement price on the
exchange on which the contract is
traded, except that the fair value of
Ether Futures Contracts may be used
when Ether Futures Contracts close at
their price fluctuation limit for the
day.12 When the Trust sells or redeems
its Shares, it will do so in transactions
with authorized participants in blocks
of 10,000 Shares.13
II. Proceedings To Determine Whether
To Approve or Disapprove SR–
NYSEARCA–2023–63 and Grounds for
Disapproval Under Consideration
The Commission is instituting
proceedings pursuant to Section
19(b)(2)(B) of the Act 14 to determine
whether the proposed rule change
should be approved or disapproved.
8 See
id. at 68171
id. at 68171–72.
10 See id. at 68172.
11 See id. at 68175.
12 See id.
13 See id. at 68176. The filing does not specify
whether such transactions would be required to be
in-kind or in cash. The filing states that an
authorized purchaser who places a purchase order
will transfer to the Trust’s custodian the required
amount of cash, cash equivalents, and/or ether
futures by the end of the next business day
following the purchase order date or by the end of
such later business day, not to exceed three
business days after the purchase order date, as
agreed to between the authorized purchaser and the
custodian when the purchase order is placed. See
id. The filing also states that the redemption
distribution from the Trust will consist of an
amount of cash, cash equivalents, and/or exchange
listed ether futures that is in the same proportion
to the total assets of the Trust on the date that the
order to redeem is properly received as the number
of Shares to be redeemed under the redemption
order is in proportion to the total number of Shares
outstanding on the date the order is received. See
id.
14 15 U.S.C. 78s(b)(2)(B).
9 See
PO 00000
Frm 00136
Fmt 4703
Sfmt 4703
Institution of proceedings is appropriate
at this time in view of the legal and
policy issues raised by the proposed
rule change, as discussed below.
Institution of proceedings does not
indicate that the Commission has
reached any conclusions with respect to
any of the issues involved. Rather, as
described below, the Commission seeks
and encourages interested persons to
provide comments on the proposed rule
change.
Pursuant to Section 19(b)(2)(B) of the
Act,15 the Commission is providing
notice of the grounds for disapproval
under consideration. The Commission is
instituting proceedings to allow for
additional analysis of the proposed rule
change’s consistency with Section
6(b)(5) of the Act, which requires,
among other things, that the rules of a
national securities exchange be
‘‘designed to prevent fraudulent and
manipulative acts and practices’’ and
‘‘to protect investors and the public
interest.’’ 16
The Commission asks that
commenters address the sufficiency of
the Exchange’s statements in support of
the proposal, which are set forth in the
Notice, in addition to any other
comments they may wish to submit
about the proposed rule change. In
particular, the Commission seeks
comment on the following questions
and asks commenters to submit data
where appropriate to support their
views:
1. Given the nature of the underlying
assets held by the Trust, has the
Exchange properly filed its proposal to
list and trade the Shares under NYSE
Arca Rule 8.200–E, Commentary .02
(Trust Issued Receipts)? 17
2. The Exchange raises substantially
similar arguments to support the listing
and trading of the Shares as those made
in Commission orders approving the
listing and trading of CME bitcoin
futures-based exchange-traded products
15 Id.
16 15
U.S.C. 78f(b)(5).
Arca Rule 8.200–E(b) defines a ‘‘Trust
Issued Receipt’’ as a security (1) that is issued by
a trust which holds specific securities deposited
with the trust; (2) that, when aggregated in some
specified minimum number, may be surrendered to
the trust by the beneficial owner to receive the
securities; and (3) that pay beneficial owners
dividends and other distributions on the deposited
securities, if any are declared and paid to the
trustee by an issuer of the deposited securities.
NYSE Arca Rule 8.200–E, Commentary .02(c)
provides that the Exchange may list and trade Trust
Issued Receipts investing in ‘‘Financial
Instruments.’’ NYSE Arca Rule 8.200–E,
Commentary .02(b)(4) further defines ‘‘Financial
Instruments’’ as any combination of investments,
including cash; securities; options on securities and
indices; futures contracts; options on futures
contracts; forward contracts; equity caps, collars
and floors; and swap agreements.
17 NYSE
E:\FR\FM\22DEN1.SGM
22DEN1
Federal Register / Vol. 88, No. 245 / Friday, December 22, 2023 / Notices
ddrumheller on DSK120RN23PROD with NOTICES1
(‘‘CME Bitcoin Futures ETPs’’). Do
commenters agree that arguments to
support the listing of CME Bitcoin
Futures ETPs apply equally to the
Shares? Are there particular features
related to ether and its ecosystem,
including its proof of stake consensus
mechanism and concentration of control
or influence by a few individuals or
entities, that raise unique concerns
about ether futures’ susceptibility to
fraud and manipulation?
3. What are commenters’ views on
whether the proposed Trust and Shares
would be susceptible to manipulation?
What are commenters’ views generally
on whether the Exchange’s proposal is
designed to prevent fraudulent and
manipulative acts and practices?
4. Based on data and analysis
provided by the Exchange,18 do
commenters agree with the Exchange
that the CME represents a regulated
market of significant size related to the
holdings of the Trust? 19 Do commenters
agree with the Exchange that trading in
the Shares would not be the
predominant influence on prices in the
CME ether futures market? 20
5. The Exchange states that several
exchange-traded funds (‘‘ETFs’’)
registered under the Investment
Company Act of 1940 that hold ether
futures contracts have filed registration
statements with the Commission and
that these ETFs would offer identical
exposure to the Trust.21 The Exchange
asserts that ‘‘if the Commission allows
these ETFs to begin trading, then it
should also approve the Trust for
trading.’’ 22 Do commenters agree? Why
or why not?
III. Procedure: Request for Written
Comments
The Commission requests that
interested persons provide written
submissions of their views, data, and
arguments with respect to the issues
identified above, as well as any other
concerns they may have with the
proposal. In particular, the Commission
invites the written views of interested
persons concerning whether the
proposal is consistent with Section
6(b)(5) or any other provision of the Act,
and the rules and regulations
thereunder. Although there do not
appear to be any issues relevant to
approval or disapproval that would be
facilitated by an oral presentation of
views, data, and arguments, the
Commission will consider, pursuant to
18 See
Notice, 88 FR at 68174–75.
id.
20 See id. at 68175.
21 See id. at 68173.
22 See id.
19 See
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18:10 Dec 21, 2023
Jkt 262001
Rule 19b–4, any request for an
opportunity to make an oral
presentation.23
Interested persons are invited to
submit written data, views, and
arguments regarding whether the
proposed rule change should be
approved or disapproved by January 12,
2024. Any person who wishes to file a
rebuttal to any other person’s
submission must file that rebuttal by
January 26, 2024.
Comments may be submitted by any
of the following methods:
Electronic Comments
• Use the Commission’s internet
comment form (https://www.sec.gov/
rules/sro.shtml); or
• Send an email to rule-comments@
sec.gov. Please include file number SR–
NYSEARCA–2023–63 on the subject
line.
Paper Comments
• Send paper comments in triplicate
to Secretary, Securities and Exchange
Commission, 100 F Street NE,
Washington, DC 20549–1090.
All submissions should refer to file
number SR–NYSEARCA–2023–63. This
file number should be included on the
subject line if email is used. To help the
Commission process and review your
comments more efficiently, please use
only one method. The Commission will
post all comments on the Commission’s
internet website (https://www.sec.gov/
rules/sro.shtml). Copies of the
submission, all subsequent
amendments, all written statements
with respect to the proposed rule
change that are filed with the
Commission, and all written
communications relating to the
proposed rule change between the
Commission and any person, other than
those that may be withheld from the
public in accordance with the
provisions of 5 U.S.C. 552, will be
available for website viewing and
printing in the Commission’s Public
Reference Room, 100 F Street NE,
Washington, DC 20549, on official
business days between the hours of 10
a.m. and 3 p.m. Copies of the filing also
will be available for inspection and
copying at the principal office of the
Exchange. Do not include personal
23 Section 19(b)(2) of the Act, as amended by the
Securities Acts Amendments of 1975, Public Law
94–29 (June 4, 1975), grants the Commission
flexibility to determine what type of proceeding—
either oral or notice and opportunity for written
comments—is appropriate for consideration of a
particular proposal by a self-regulatory
organization. See Securities Acts Amendments of
1975, Senate Comm. on Banking, Housing & Urban
Affairs, S. Rep. No. 75, 94th Cong., 1st Sess. 30
(1975).
PO 00000
Frm 00137
Fmt 4703
Sfmt 4703
88695
identifiable information in submissions;
you should submit only information
that you wish to make available
publicly. We may redact in part or
withhold entirely from publication
submitted material that is obscene or
subject to copyright protection. All
submissions should refer to file number
SR–NYSEARCA–2023–63 and should be
submitted on or before January 12, 2024.
Rebuttal comments should be submitted
by January 26, 2024.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.24
Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023–28195 Filed 12–21–23; 8:45 am]
BILLING CODE 8011–01–P
DEPARTMENT OF STATE
[Public Notice: 12290]
Notice of Determinations; Culturally
Significant Objects Being Imported for
Exhibition—Determinations:
‘‘Recasting Antiquity: Whistler,
Tanagra, and the Female Form’’
Exhibition
Notice is hereby given of the
following determinations: I hereby
determine that certain objects being
imported from abroad pursuant to an
agreement with their foreign owner or
custodian for temporary display in the
exhibition ‘‘Recasting Antiquity:
Whistler, Tanagra, and the Female
Form’’ at the Michael C. Carlos
Museum, Emory University, Atlanta,
Georgia, and at possible additional
exhibitions or venues yet to be
determined, are of cultural significance,
and, further, that their temporary
exhibition or display within the United
States as aforementioned is in the
national interest. I have ordered that
Public Notice of these determinations be
published in the Federal Register.
FOR FURTHER INFORMATION CONTACT:
Reed Liriano, Program Coordinator,
Office of the Legal Adviser, U.S.
Department of State (telephone: 202–
632–6471; email: section2459@
state.gov). The mailing address is U.S.
Department of State, L/PD, 2200 C Street
NW, (SA–5), Suite 5H03, Washington,
DC 20522–0505.
SUPPLEMENTARY INFORMATION: The
foregoing determinations were made
pursuant to the authority vested in me
by the Act of October 19, 1965 (79 Stat.
985; 22 U.S.C. 2459), Executive Order
12047 of March 27, 1978, the Foreign
Affairs Reform and Restructuring Act of
SUMMARY:
24 17
E:\FR\FM\22DEN1.SGM
CFR 200.30–3(a)(57).
22DEN1
]]>Agencies
[Federal Register Volume 88, Number 245 (Friday, December 22, 2023)]
[Notices]
[Pages 88694-88695]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-28195]
[[Page 88694]]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-99198; File No. SR-NYSEARCA-2023-63]
Self-Regulatory Organizations; NYSE Arca, Inc.; Order Instituting
Proceedings To Determine Whether To Approve or Disapprove a Proposed
Rule Change To List and Trade Shares of the Grayscale Ethereum Futures
Trust (ETH) ETF Under NYSE Arca Rule 8.200-E, Commentary .02 (Trust
Issued Receipts)
December 18, 2023.
On September 19, 2023, NYSE Arca, Inc. (``NYSE Arca'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ a
proposed rule change to list and trade shares (``Shares'') of the
Grayscale Ethereum Futures Trust (ETH) ETF (``Trust'') under NYSE Arca
Rule 8.200-E, Commentary .02 (Trust Issued Receipts). The proposed rule
change was published for comment in the Federal Register on October 3,
2023.\3\
---------------------------------------------------------------------------
\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
\3\ See Securities Exchange Act Release No. 98567 (Sept. 27,
2023), 88 FR 68171 (``Notice''). The Commission has received no
comments on the proposal.
---------------------------------------------------------------------------
On November 15, 2023, pursuant to Section 19(b)(2) of the Act,\4\
the Commission designated a longer period within which to approve the
proposed rule change, disapprove the proposed rule change, or institute
proceedings to determine whether to disapprove the proposed rule
change.\5\ This order institutes proceedings under Section 19(b)(2)(B)
of the Act \6\ to determine whether to approve or disapprove the
proposed rule change.
---------------------------------------------------------------------------
\4\ 15 U.S.C. 78s(b)(2).
\5\ See Securities Exchange Act Release No. 98944, 88 FR 81171
(Nov. 21, 2023). The Commission designated January 1, 2024, as the
date by which the Commission shall approve or disapprove, or
institute proceedings to determine whether to disapprove, the
proposed rule change.
\6\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------
I. Summary of the Proposal
As described in more detail in the Notice,\7\ the Exchange proposes
to list and trade the Shares of the Trust under NYSE Arca Rule 8.200-E,
Commentary .02, which governs the listing and trading of Trust Issued
Receipts on the Exchange.
---------------------------------------------------------------------------
\7\ See Notice, supra note 3.
---------------------------------------------------------------------------
According to the Exchange, the Chicago Mercantile Exchange, Inc.
(``CME'') currently offers two Ethereum futures contracts, one contract
representing 50 Ether (``ETH Contracts'') and another contract
representing 0.10 Ether (``MET Contracts'').\8\ The investment
objective of the Trust is to have the daily changes in the net asset
value (``NAV'') of the Shares reflect the daily changes in the price of
a specified benchmark (``Benchmark''), which is the average of the
closing settlement prices for the first to expire and second to expire
ETH Contracts listed on the CME.\9\ Under normal market conditions, the
Trust will invest in the first to expire and second to expire ETH
Contracts and MET Contracts (collectively, ``Ether Futures Contracts'')
and in cash and cash equivalents.\10\ The administrator of the Trust
will calculate the NAV once each trading day, as of the earlier of the
close of the New York Stock Exchange or 4:00 p.m. Eastern Standard
Time.\11\ To determine the value of Ether Futures Contracts, the
Trust's administrator will use the Ether Futures Contract settlement
price on the exchange on which the contract is traded, except that the
fair value of Ether Futures Contracts may be used when Ether Futures
Contracts close at their price fluctuation limit for the day.\12\ When
the Trust sells or redeems its Shares, it will do so in transactions
with authorized participants in blocks of 10,000 Shares.\13\
---------------------------------------------------------------------------
\8\ See id. at 68171
\9\ See id. at 68171-72.
\10\ See id. at 68172.
\11\ See id. at 68175.
\12\ See id.
\13\ See id. at 68176. The filing does not specify whether such
transactions would be required to be in-kind or in cash. The filing
states that an authorized purchaser who places a purchase order will
transfer to the Trust's custodian the required amount of cash, cash
equivalents, and/or ether futures by the end of the next business
day following the purchase order date or by the end of such later
business day, not to exceed three business days after the purchase
order date, as agreed to between the authorized purchaser and the
custodian when the purchase order is placed. See id. The filing also
states that the redemption distribution from the Trust will consist
of an amount of cash, cash equivalents, and/or exchange listed ether
futures that is in the same proportion to the total assets of the
Trust on the date that the order to redeem is properly received as
the number of Shares to be redeemed under the redemption order is in
proportion to the total number of Shares outstanding on the date the
order is received. See id.
---------------------------------------------------------------------------
II. Proceedings To Determine Whether To Approve or Disapprove SR-
NYSEARCA-2023-63 and Grounds for Disapproval Under Consideration
The Commission is instituting proceedings pursuant to Section
19(b)(2)(B) of the Act \14\ to determine whether the proposed rule
change should be approved or disapproved. Institution of proceedings is
appropriate at this time in view of the legal and policy issues raised
by the proposed rule change, as discussed below. Institution of
proceedings does not indicate that the Commission has reached any
conclusions with respect to any of the issues involved. Rather, as
described below, the Commission seeks and encourages interested persons
to provide comments on the proposed rule change.
---------------------------------------------------------------------------
\14\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------
Pursuant to Section 19(b)(2)(B) of the Act,\15\ the Commission is
providing notice of the grounds for disapproval under consideration.
The Commission is instituting proceedings to allow for additional
analysis of the proposed rule change's consistency with Section 6(b)(5)
of the Act, which requires, among other things, that the rules of a
national securities exchange be ``designed to prevent fraudulent and
manipulative acts and practices'' and ``to protect investors and the
public interest.'' \16\
---------------------------------------------------------------------------
\15\ Id.
\16\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------
The Commission asks that commenters address the sufficiency of the
Exchange's statements in support of the proposal, which are set forth
in the Notice, in addition to any other comments they may wish to
submit about the proposed rule change. In particular, the Commission
seeks comment on the following questions and asks commenters to submit
data where appropriate to support their views:
1. Given the nature of the underlying assets held by the Trust, has
the Exchange properly filed its proposal to list and trade the Shares
under NYSE Arca Rule 8.200-E, Commentary .02 (Trust Issued Receipts)?
\17\
---------------------------------------------------------------------------
\17\ NYSE Arca Rule 8.200-E(b) defines a ``Trust Issued
Receipt'' as a security (1) that is issued by a trust which holds
specific securities deposited with the trust; (2) that, when
aggregated in some specified minimum number, may be surrendered to
the trust by the beneficial owner to receive the securities; and (3)
that pay beneficial owners dividends and other distributions on the
deposited securities, if any are declared and paid to the trustee by
an issuer of the deposited securities. NYSE Arca Rule 8.200-E,
Commentary .02(c) provides that the Exchange may list and trade
Trust Issued Receipts investing in ``Financial Instruments.'' NYSE
Arca Rule 8.200-E, Commentary .02(b)(4) further defines ``Financial
Instruments'' as any combination of investments, including cash;
securities; options on securities and indices; futures contracts;
options on futures contracts; forward contracts; equity caps,
collars and floors; and swap agreements.
---------------------------------------------------------------------------
2. The Exchange raises substantially similar arguments to support
the listing and trading of the Shares as those made in Commission
orders approving the listing and trading of CME bitcoin futures-based
exchange-traded products
[[Page 88695]]
(``CME Bitcoin Futures ETPs''). Do commenters agree that arguments to
support the listing of CME Bitcoin Futures ETPs apply equally to the
Shares? Are there particular features related to ether and its
ecosystem, including its proof of stake consensus mechanism and
concentration of control or influence by a few individuals or entities,
that raise unique concerns about ether futures' susceptibility to fraud
and manipulation?
3. What are commenters' views on whether the proposed Trust and
Shares would be susceptible to manipulation? What are commenters' views
generally on whether the Exchange's proposal is designed to prevent
fraudulent and manipulative acts and practices?
4. Based on data and analysis provided by the Exchange,\18\ do
commenters agree with the Exchange that the CME represents a regulated
market of significant size related to the holdings of the Trust? \19\
Do commenters agree with the Exchange that trading in the Shares would
not be the predominant influence on prices in the CME ether futures
market? \20\
---------------------------------------------------------------------------
\18\ See Notice, 88 FR at 68174-75.
\19\ See id.
\20\ See id. at 68175.
---------------------------------------------------------------------------
5. The Exchange states that several exchange-traded funds
(``ETFs'') registered under the Investment Company Act of 1940 that
hold ether futures contracts have filed registration statements with
the Commission and that these ETFs would offer identical exposure to
the Trust.\21\ The Exchange asserts that ``if the Commission allows
these ETFs to begin trading, then it should also approve the Trust for
trading.'' \22\ Do commenters agree? Why or why not?
---------------------------------------------------------------------------
\21\ See id. at 68173.
\22\ See id.
---------------------------------------------------------------------------
III. Procedure: Request for Written Comments
The Commission requests that interested persons provide written
submissions of their views, data, and arguments with respect to the
issues identified above, as well as any other concerns they may have
with the proposal. In particular, the Commission invites the written
views of interested persons concerning whether the proposal is
consistent with Section 6(b)(5) or any other provision of the Act, and
the rules and regulations thereunder. Although there do not appear to
be any issues relevant to approval or disapproval that would be
facilitated by an oral presentation of views, data, and arguments, the
Commission will consider, pursuant to Rule 19b-4, any request for an
opportunity to make an oral presentation.\23\
---------------------------------------------------------------------------
\23\ Section 19(b)(2) of the Act, as amended by the Securities
Acts Amendments of 1975, Public Law 94-29 (June 4, 1975), grants the
Commission flexibility to determine what type of proceeding--either
oral or notice and opportunity for written comments--is appropriate
for consideration of a particular proposal by a self-regulatory
organization. See Securities Acts Amendments of 1975, Senate Comm.
on Banking, Housing & Urban Affairs, S. Rep. No. 75, 94th Cong., 1st
Sess. 30 (1975).
---------------------------------------------------------------------------
Interested persons are invited to submit written data, views, and
arguments regarding whether the proposed rule change should be approved
or disapproved by January 12, 2024. Any person who wishes to file a
rebuttal to any other person's submission must file that rebuttal by
January 26, 2024.
Comments may be submitted by any of the following methods:
Electronic Comments
Use the Commission's internet comment form (https://www.sec.gov/rules/sro.shtml); or
Send an email to [email protected]. Please include
file number SR-NYSEARCA-2023-63 on the subject line.
Paper Comments
Send paper comments in triplicate to Secretary, Securities
and Exchange Commission, 100 F Street NE, Washington, DC 20549-1090.
All submissions should refer to file number SR-NYSEARCA-2023-63. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (https://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for website viewing and
printing in the Commission's Public Reference Room, 100 F Street NE,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of the filing also will be available for
inspection and copying at the principal office of the Exchange. Do not
include personal identifiable information in submissions; you should
submit only information that you wish to make available publicly. We
may redact in part or withhold entirely from publication submitted
material that is obscene or subject to copyright protection. All
submissions should refer to file number SR-NYSEARCA-2023-63 and should
be submitted on or before January 12, 2024. Rebuttal comments should be
submitted by January 26, 2024.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\24\
---------------------------------------------------------------------------
\24\ 17 CFR 200.30-3(a)(57).
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Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023-28195 Filed 12-21-23; 8:45 am]
BILLING CODE 8011-01-P
